The essential guide to conduct, compliance and competence, and the Legal Services Act

Limiting the damage

Police: co-operation dilemma

Q. I acted for a client in connection with an interview under caution at the police station. Whilst taking instructions before the interview, the client lost his temper and caused damage to the furniture. The police have now asked me to provide a statement with regard to the matter. What is my position?

A. You are not required to provide a statement. However, whilst you owe a duty of confidentiality to the client, this does not extend to this incident, which is not part of the retainer. You could therefore provide a statement if you wished to do so, provided you do not disclose any information which is confidential to the retainer.

The SRA encourages the profession to cooperate with the police insofar as they can, but you will need to consider the likely impact on the solicitor-client relationship if you are still acting for the client.

One Response to “Limiting the damage”

I have blogged on this here: I argue you seem to me to be saying Rule 1.01 does not take precendence over Rule 1.04

http://lawyerwatch.wordpress.com/2010/06/07/public-interest-vs-client-interest/

Richard Moorhead on June 7th, 2010 at 10:06 am

Legal Futures Blog

Scary Spice

At some stage in your career – probably many years ago – someone will have asked you to describe your perfect job or where you saw yourself in 10 years’ time. Maybe you talked earnestly about your burning desire to bring justice to the masses. More likely, you claimed that your ultimate goal was to be partner in the interviewer’s fine establishment. Chances are you didn’t say: “What I want, what I really really want, is to be a compliance officer for legal practice.” – Allison Wooddisse discusses what firms should include in a COLP’s job description.

May 14th, 2012

Limiting the damage

One Response to “Limiting the damage”